9. SIGNIFICACE OF THE RESEARCH
5.2 RECOMMENDATIONS
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also assist in achieving effective and proficient “implementation and enforcement of health and safety” measures in the sector.
• The Department of Mineral Resources must ensure regular inspection of mining industries by competent inspectors in terms of section 54 and 55 instructions of the Mining Health and Safety Act, inspectors must also go under training programmes that will assist them in improving their levels of investigations and inquiries as well as providing appropriate and quality report, that we will be distributed in the mining sector. The government must also establish a training inspection centre where all the concerned inspectors will be trained.
• The Labour Relations Act makes no provision for “health and safety”
standards, but regulates relations between employer and employee.
Therefore, this need to be addressed in order to include a clause which states clearly a specific provision that deals with health and safety measures in the workplace, since the Act regulates the relationship between the employer and the employee, thus the employer has a “duty of care” to ensure that reasonable and prudent steps are taken in ensuring that employees are not exposed to hazardous environments.
• The government must “take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation” of socio-economic rights to the health care of mineworkers who have contracted or are living with tuberculosis or silicosis, because health remain a fundamental right embodied in the “Bill of Rights” and all citizens are entitled to it. However, in the absence of State resources, the state cannot be held accountable for failing to realize a particular socio-economic right.
The more State’s resources become available more must be done to realize these socio-economic rights.
• The mining industry must ensure that emergency escapes are improved and survival equipment is always accessible to rescue employees in case of emergency. This requires prominent inspection by skilled and qualified inspectors on a weekly basis.
• The Government must assist by providing bursaries and scholarships to students wishing to be part of the mining industry in the near future or those
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students wishing to study towards a mining related qualification or those presently working within the mining industries and who require an enhanced understanding of the statutes, laws and regulations governing the industry.
• The legislature should amend the law and incorporate a clause in the Occupational Health and Safety Act that will not only apply to(or regulate relationship between) employer and the “employee with regard to health and safety” measures, but also accommodates mines, mining areas or any mining work (as defined in the Minerals Act).408
• The government must introduce a financial scheme that will assist various South African universities to offer mining-related courses which will provide students with the necessary skill and knowledge before employment in the mining sector.
• South Africa needs to implement a scheme similar to the Coal Mine Workers' Health Scheme that was introduced by the Australian government, to ensure that the employees undergo medical assessment prior to commencing work in mine. It is also recommended that government creates or adopts a National Mine Worker’s Health Scheme that will give mining companies and the health authorities the power to conduct pre-employment medical test to employees. Medical information will assist the employer to comply with “health and safety” legislation and to reduce worker’s compensation costs, as well as increases productivity of mineral resources.409 This Scheme will also assist the current and former mineworkers who have contracted mining-related diseases during their employment, as well as those current mineworkers who are living with such diseases access to medical assistance. This scheme would be funded by both the state’s participation processes and employer’s contribution to ensure that right to health care in the workplace is realised.
• The South African government working together with mining companies must also ensure the efficient and effective workplace forums (in the Labour
408Occupational Health and Safety Act and Amendments available at http://www.labour.gov.za/DOL/legislation/acts/occupational-health-and-safety/occupational-health- and-safety-act-and-amendments/ retrieved 22 June 2016.
409Guthrie R, The use of medical examinations for employment purposes, 2003 available at https://www.ncbi.nlm.nih.gov/pubmed/14526729 retrieved 22 July 2017.
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Relations Act) through collaboration between government agencies, companies and other stakeholders where they assemble and discuss the ways in which harm in the workplace can be prevented or eradicated.
89 BIBLIOGRAPHY
ARTICLES
Andrew A Transformation in the mining industry – a practical approach, 2012.
Badenhorst BJ, Mosert H & Dendy M ‘Minerals Petroleum’, 2007. In Jourbert (ed) LAWSA Vol 18.2 ed.
Beck, RB. the history of South Africa, 2013. See also A National Convention drew up a constitution and the four colonies became an independent dominion called the Union of South Africa on 31 May 1910
Bedenhorst BJ ‘The revesting of state-held entitlements to exploit minerals in South Africa: privatisation or deregulation’, 1991.
Brokenshire P, Andersen S , Hoist and Haul, 2010.
BuaNews South Africa's new mining charter, 2010.
Byrnes RM (ed) South Africa: A country Study 3 ed (1997) Washington DC, Federal Research Division, library of the Congress at 65ff, Glifomee & Mbenga (n 1) at 350ff.
Caldwell J, Mining health and safety tips, 2013.
Carlos Manzi, Grupo Educativo, Interview with FSG, 2013.
César F. Marzán R , As Chilean as a Colchagua Carmenere: Chilean Labor Law Enforcement after the US-Chile Free Trade Agreement – and what the U.S. should do to help.
César F. Marzán R, Punishment and Work Law Compliance: Lessons from Chile, 7- 30-2012.
Chief Inspector of Mines, Guideline for Enforcement of the Mine Health and Safety Act, 2005.
Cliff D, The Management of Occupational Health and Safety in the Australian Mining Industry, 2012.
90
Dixon R, Corporate Skills Shortage: Safety slipping on SA mines,2013.
Duhaime L. "Common Law Legal Definition", 2016.
Furter E, South Africa mining inspectors fail inspectorate exams, 2012.
Gallaghe Nr: Mining Health and Safety in South Africa, also see G:\Mining Health and Safety in South Africa - The African Business Journal.html retrieved 11 May 2016, 15:27.
Govan, Fiona, Laing A and Allen N, "Families of trapped Chilean miners to sue mining firm", 2010.
Guthrie R, The use of medical examinations for employment purposes, 2003.
Hoffmeeste RN, Using robots to ensure safety in mines, 2014.
Jones, Sam, "Trapped Chilean miners sing national anthem in footage from inside mine", 2010.
Judith K. Hellerstein and Neumark D: Workplace segregation in the United States:
race, ethnicity, and skills,2008.
Khumalo N, Health and Mobility in the mining sector, 2015.
Leys R ‘South Africa gold mining in 1974: The Gold of migrant Labour’ 1975(74) African Affairs 196 at 20.
Malley O: Heart of Hope, The National Party, Apartheid and the Anatomy of Repression in South Africa, 1948-1994.
Moraka, NV. Board transformation and EE scorecard target attainment: progress made and barriers faced with transformation by JSE listed companies in the South African Mining Industry, 2013.
Murraya J, Davies T and Rees D, Occupational lung disease in the South African mining industry: Research and policy implementation, Journal of Public Health Policy, 2011.
91
Naidoo B Section 54 vs 55: Enforcing Efficiency For SA’s Safety Laws, 2014.
Nelson G Occupational respiratory diseases in the South African mining industry, 2013; 6: 10.3402/gha.v6i0.19520.
Ngwena C, Adjudicating socio-economic rights – transforming South African society?, 2003.
Nieto G, Partner Urrutia & Co, A Question and Answer guide to mining regulation in Chile,2014.
Parker AA, The Price of Hydropower Pursuits in Patagonia, CIRCLE OF BLUE WATERNEWS, 2010,
Pienaar N, Training for safer mines: Effective training that engages all levels of employees on a mine and quarry, and positively influences their attitude towards mine health and safety is important to reduce accidents and maintain a healthier workforce, 2014.
Pillay V, BEE Amendment Act and draft codes of good practice, 2014.
Raborife M Silicosis: Landmark judgment for mineworkers, May 13 2016 09:48.
Richard W Roeder, a German lawyer and Rotary Peace Studies Scholar at the University of Queensland: Employment and Indigenous Empowerment in Mining:
Australia and South Africa, 2013.
Sibande G District Municipality, compensation for occupational diseases and injuries policy, 2013.
Siddique H, “Chilean miners found alive – but rescue will take four months", 2010.
Silke D South Africa begins turbulent new political transition’, 2014.
Smith D, Pol Longo M, and Murray M, Mining Skills Council Creates Common Framework to Address Industry Skills Gap, 2014.
South African Government: Minister Ramatlhodi N: Mine Health and Safety Tripartite summit, 2014.
92 Stevens C, Mining Law, 2016.
Subiros P, Apartheid: The South African Mirror Paperback, 2007.
Swart E, the South African Legislative Framework for Mine Closure,2003.
Taljaard J, Emergency Preparedness and Response a Management System and Legal Requirement, 2016.
Terri A. Scandura, Team leadership: The Chilean Mine Case, 2013.
Tey D, Leng LS, Wang W, Department of Orthopaedic Surgery In‐House Rules and Regulations, 2012.
Tshoose IC, Employer’s Duty to Provide a Safe Working Environment: A South African Perspective; Journal of International Commercial Law and Technology 2011, Vol. 6, Issue 3.
Vella H, The TB epidemic spreading through South Africa’s mines, 2014.
Wei H, Dang L, and Hoyle M, Overview of Health and Safety in China, 2008.
Wildavsky, Aaron; Wildavsky, Adam “Risk and Safety", 2008.
World Mineral Production 2006-2010. British Geological Survey, 2012.
BOOKS
Currie I and J De Waal J, The Bill OF Right Handbook, 5th(ed), (Juta, 2008).
Franklin BLS and Kaplan M, The mining and mineral laws (Durban, Butterworths, 1982), p. 2;
Giliomee, H & Mbenga, B 2007. Nuwe Geskiedenis van Suid-Afrika. Kaapstad (Tafelberg 2007)(n 1) at 403-409.
Kaplan M and Dale MO A guide to Minerals Act 1991 (Durban, Butterworths, 1992), (n 18) at 13.
Allan, J, Apartheid South Africa: An Insider's Overview of the Origin and Effects of Separate Development, Kindle Edition (2005), iUniverse, Inc.
93 DOCUMENTS AND POLICES
BBSEEC, The Broad Based Socio-Economic Empowerment Charter for the South African mining and mineral industry, 2010.
Department of Public Service and Administration: The Public Service Internship Programme step by step guide, April 2006.
Government of Western America, General duty of care in Western Australian mines- Guideline, Second edition.
Mine Health and Safety Council Annual Report, August 2009, ISBN: 978-1-919853- 36-9.
Mining Charter 2002
Oxford Analytica, Chile Mine Accident Highlights Enforcement Deficiencies, 8/30/2010
@ 6:00AM
Policy Document on Adult Basic Education and Training
White Paper A Minerals and Mining Policy for South Africa October 1998 Pretoria World Mineral Production 2006-2010. British Geological Survey, 2012.
DISSERTATIONS
Clark, N.L, Worger W.H. South Africa: The rise and fall of apartheid, Routledge, 2013.
Krüger LP, The impact of black economic empowerment (BEE) on South African businesses, 2011.
Moraka, NV. Board transformation and EE scorecard target attainment: progress made and barriers faced with transformation by JSE listed companies in the South African Mining Industry, 2013.
Madolo NV, Transformation of the mining industries in South Africa: strategies beyond the life of the Mining Charter 2010, 2014.
Phaladi NH: Mini-dissertation: implementation of laws regulating mining industry transformation in South Africa, 2015
94 WEBSITES
African National Congress: Statement to the Truth and Reconciliation Commission August 1996, also accessed at http://www.anc.org.za/docs/reps/1996/trcall.html retrieved at 24 March 2016.
Gold and workers the story of racism 1886 – 1924 accessed at
http://v1.sahistory.org.za/pages/library-resources/onlinebooks/Luli/Gold-and workers/part%203/race.htm retrieved 24 March 2016: 18:14
Keeping people apart • Segregating the workplace Published by Guset User, 2015- 08-02 03:24:02: page 27 also available at
http://www.apartheidmuseum.org/sites/default/files/files/downloads/Learners%20boo k%20Chapter2.pdf retrieved 24 March 2016.
List of accidents and disasters by death toll accessed at
https://en.wikipedia.org/wiki/List_of_accidents_and_disasters_by_death_toll retrieved at 26 March 2016.
Lizeka Tandwa, News24, Lily Mine efforts still a rescue operation – Amcu, 2016-02- 16 12:46. Also see http://www.news24.com/SouthAfrica/News/lily-mine-efforts-still-a- rescue-operation-amcu-20160216, retrieved 25 March 2016.
Mining Industry accessed at <a
href="http://encyclopedia2.thefreedictionary.com/Mining+Industry">Mining Industry</a> retrieved 27 Fact Sheet, workplace safety toolkit accessed at
https://nonprofitrisk.org/tools/workplace-safety/nonprofit/c1/wkplcsafety.htm retrieved 14 June 2016.March 2016.
Mining Safety in South Africa accessed at
http://www.miningsafety.co.za/dynamiccontent/61/Mining-Safety-in-South-Africa retrieved 26 March 2016.
Race and ethnicity in South Africa, South African History Online on 23-Mar-2015 - See more at: http://www.sahistory.org.za/article/race-and-ethnicity-south-
africa#sthash.rOhyiWAd.dpuf accessed 03 May 2016 at 14:37.
Safety accessed at https://en.wikipedia.org/wiki/Safety retrieved 28 March 2016.